Thursday, December 28, 2017

Did the 2G Scam Judge expect the prosecution to put a mind-reader on stand to penetrate the minds of the accused?

The 2G Scam judgment running into more than 1500 pages for a case record of more than 3 lakh pages clearly establishes that Judge O P Saini has a brilliant and unparalleled grip of the details of this Corruption scandal that rightly rocked India previously.
However, it is quite a tragedy that the Judge simply got lost in non-essentials in his judgment. The evidence to convict a few of the accused is plainly writ large in his own elaborate and richly detailed judgment, however. It is unclear why the Judge wanted more evidence in places where a judicial inference was called for instead.
The problem with corruption cases is that a judge cannot ask for the same nature of evidence as is sought and received in homicides; a large number of offences under the PC Act come down to making of judicial inferences upon the facts of a case.
And the Judge made a fundamental error in treating the charged offence under the PC Act as a fact instead of as a judicial inference that he is called upon to draw.
For example, take a murder. A murder is already a fact. However, take the offence of illegally conferring a benefit upon an undeserving person without any public good under the PC Act. Except the fact of benefit, rest of the ingredients of this offence are judicial inferences.
Several judges make the same error in Corruption cases and on appeals, our higher Courts do not do a satisfactory job of explaining this distinction and laying down better guides.
A similar judicial error let a former Chief Minister of a southern State dodge a possible conviction under the PC Act recently - to the CBI refusing to file any appeal.
The Central Government today is terribly dishonest in protecting public good in such cases of potential political benefit to it. It should ask the CBI to file an appeal immediately.
Raja, however, doesn't seem to think that this Central Government is interested in getting him behind bars, again.
K.V.Dhananjay

Cannabis And Cancer

Cannabis and Cancer

I cannot think of a bigger mistake than to not pass on life saving information to those in need. Cancer is killing lakhs of people in our country and those working closely with Cancer say that Cannabis holds much, or rather, unbelievable, promise in treating or, even in curing it in some cases. It is a fact that most mainstream treatments for advanced Cancers have turned out to be great disappointments - while the few ones that work have been nothing less than a Godsend. The blame squarely falls on the FDA in the US for blinding itself to numerous pathbreaking treatments that still languish in the labs.
The truth about Cannabis is to be discovered in each individual case by that individual and nobody should forego mainstream treatment for Cancer if so advised - countless noble souls are working tirelessly as doctors in Cancer hospitals.
I am therefore, sharing an email I received last night. Considering the fact that the person in the mail holds much credential and is in fact, stating that Cannabis does cure even terminal cancers, in some cases, it makes more sense to convey this information more widely- to any Cancer stricken person or family that you know. If there is a life that could be saved with Cannabis, the most that we could do, in the framework that we have today in our country, is to pass on such information and to pray for their well-being for now and shortly, to approach the Courts and the Parliament - so that surviving Cancer shouldn't be about information disadvantage or asymmetry or lack of knowledge about Cannabis, our medicine, since the ages:

"Hello Mr. Dhananjay,

My name is Justin **, I was referred to you from Dr. ** Rao. ( a leading Cancer surgeon in Bangalore and India - my words). I believe you are working on a case to accelerate access to cannabis in India. I would like to offer my humble thoughts on achieving this.

For the past nearly ten years, I have been an advocate for the use of cannabis extracts to treat cancer, including speaking at conferences around the world. The evidence supporting this use has grown tremendously over this period. There are thousands of anecdotal cases and even a placebo-controlled clinical trial showing cannabinoids synergize with chemotherapy to fight glioblastoma brain tumors. Overwhelming scientific evidence also shows how our own self-made endocannabinoids kill cancer cells through similar mechanisms as phytocannabinoids like THC and CBD.

Dr. Rao said he had shared with you my book, at http://freecannabiscancerbook.com. This includes a summary of over 100 anecdotal cases, the aforementioned clinical trial, and dozens of scientific studies. Here's the bottom line - in at least some cases, cannabis extracts can put terminal cancers into remission. This is undeniable at this point. While many have reasonable objections to this claim, I have developed answers to those objections at the end of the book. So, given the above fact, that cannabis can in some cases put terminal cancers into remission, there is absolutely no justification for its continued prohibition. It must be allowed as a medicine immediately, at least for terminal cancer patients. Preventing humans from using a potential remedy that could save their lives is the height of evil and cruelty. I believe this could be the crux of a legal argument.

Thank you so much for your work on this and for reading this message. Please let me know if you have any questions or if there is absolutely anything else I can do to help.

Regards,
Justin **
4*-*-*"

Let's not forget that such individuals as Justin ** are tremendously expanding our understanding of Cancer and are lowering our helplessness towards it. The Dr.* Rao that I spoke about above is doing several pathbreaking things about opening up our system to Cannabis through the existing medical infrastructure.

K.V.Dhananjay